An employer cannot deny you time off in retaliation for filing or attempting to file a workers’ compensation claim, but that does not mean every request for time off after an injury is automatically protected. Whether you are entitled to leave depends on several factors, including the size of your employer, your eligibility for federal leave protections, and whether you have already filed a workers’ compensation claim.
Can Your Employer Fire You for Taking Time Off?
Under Fla. Stat. § 440.205, an employer cannot discharge, threaten, intimidate, or coerce an employee because that employee filed or attempted to file a valid workers’ compensation claim. This protection covers more than a formal filing. Courts have found that reporting an injury and completing initial paperwork can qualify as an attempt to claim compensation, even before a Petition for Benefits is filed. This means an employer generally cannot terminate you simply because you sought time off to recover from a work injury covered by a workers’ compensation claim.
What If Your Doctor Recommends Time Off to Recover?
When a treating physician authorized under your workers’ compensation claim recommends time away from work, that recommendation carries weight. Workers’ compensation benefits, including temporary total disability payments if you cannot work at all or temporary partial disability payments if you can work in a limited capacity, are specifically designed to replace a portion of your income while you are out of work recovering. If your employer pressures you to return before your doctor releases you, or denies leave your treating physician has recommended, this can raise concerns under Florida’s anti-retaliation protections.
What If Your Employer Retaliates in Other Ways?
Retaliation does not always mean an outright termination. An employer might engage in any of the following after you request time off for a work injury:
- Reduce your hours
- Reassign you to a less desirable position
- Create difficult working conditions
Florida courts have recognized that intimidation and coercion, not just discharge, can support a retaliation claim. Keeping a record of how your employer treats you after your injury can matter if the situation escalates.
Does FMLA Provide Additional Protection?
Depending on your employer’s size and your work history, the federal Family and Medical Leave Act (FMLA) may offer further protection alongside your workers’ compensation rights. FMLA generally applies to employers with 50 or more employees and requires that you have worked there for at least 12 months and logged 1,250 hours in the prior year. Eligible employees can take up to 12 weeks of unpaid, job-protected leave for a serious health condition, which can run alongside your workers’ compensation claim rather than replace it.
What Should You Do If Your Employer Denies Your Time Off?
Remember to:
- Document every conversation with your employer about your injury and your request for time off, including dates, names, and the specific reasons given for any denial
- Continue following your treating physician’s instructions and keep copies of all medical documentation and work status notes
- Speak with a work injury lawyer to understand whether your rights were violated
Contact Smith, Feddeler & Smith, P.A. About Your Situation
Time off after a work injury should not come at the cost of your job or your benefits. Our team at Smith, Feddeler & Smith, P.A. can review what happened and help you understand your options under Florida’s workers’ compensation law. Call (863) 688-7766 or contact us online for a free case evaluation.
